Side - 1

NOTICE OF PUBLICATION UNDER 12(a)

MAILING DATE: Sep 8, 2010 PUBLICATION DATE: Sep 28, 2010

The mark identified below will be published in the Official Gazette on Sep 28, 2010. Any party who believes they will be damaged by registration of the mark may oppose its registration by filing an opposition to registration or a request to extend the time to oppose within thirty (30) days from the publication date on this notice. If no opposition is filed within the time specified by law, the USPTO may issue a Certificate of Registration. To view the Official Gazette online or to order a paper copy, visit the USPTO website at http://www.uspto.gov/web/trademarks/tmog/ any time within the five-week period after the date of publication. You may also order a printed version from the U.S. Government Printing Office (GPO) at http://bookstore.gpo.gov or 202-512-1800. To check the status of your application, go to http://tarr.uspto.gov/. SERIAL NUMBER: 85020006 MARK: Miscellaneous Design OWNER: Apple Inc. Side - 2
UNITED STATES PATENT AND TRADEMARK OFFICE COMMISSIONER FOR TRADEMARKS P.O. BOX 1451 ALEXANDRIA, VA 22313-1451

FIRST-CLASS MAIL U.S POSTAGE PAID

THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083

UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)

OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANTS TRADEMARK APPLICATION

APPLICATION SERIAL NO. MARK:

85/020006

*85020006*
GENERAL TRADEMARK INFORMATION:

CORRESPONDENT ADDRESS: THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083 APPLICANT: Apple Inc.

http://www.uspto.gov/main/trademarks.htm

CORRESPONDENTS REFERENCE/DOCKET NO: N/A CORRESPONDENT E-MAIL ADDRESS:

EXAMINERS AMENDMENT
ISSUE/MAILING DATE:

DATABASE SEARCH: The trademark examining attorney has searched the USPTOs database of registered and pending marks and has found no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP 704.02; see 15 U.S.C. 1052(d). APPLICATION HAS BEEN AMENDED: In accordance with the authorization granted by Lisa Widup on July 30, 2010, the trademark examining attorney has amended the application as indicated below. Please advise the undersigned immediately of any objections. Otherwise, no response is necessary. TMEP 707. Any amendments to the identification of goods may clarify or limit the goods, but may not add to or broaden the scope of the goods. 37 C.F.R. 2.71(a); see TMEP 1402.06 et seq. The description of the mark and the color claim are amended to read: The mark consists of partial images of three gears shown in gray, white and silver, on a background of gray with black dots, all contained within a rectangular grey and white frame with rounded corners. The colors gray, white, silver and black are claimed as a feature of the mark. The identification of goods is amended to read: Class 9

Computer software for managing user system settings and preferences sold as a feature of computers and hand-held mobile digital devices comprised of mobile phones, digital audio and video players, hand-held computers, personal digital assistants, and electronic personal organizers

/Fred Carl III/ Trademark Examining Attorney Law Office 108 571 272 8867 direct telephone PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using Trademark Applications and Registrations Retrieval (TARR) at http://tarr.uspto.gov/. Please keep a copy of the complete TARR screen. If TARR shows no change for more than six months, call 1-800-7869199. For more information on checking status, see http://www.uspto.gov/trademarks/process/status/. TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.uspto.gov/teas/eTEASpageE.htm.

*** User:fcarl *** # Total Marks 01 02 03 04 05 1151 202 664 462 487

Dead Marks 0 0 N/A 0 0

Live Viewed Docs 9 5 0 2 2

Live Viewed Images 1151 202 0 462 487

Status/ Search Duration 0:04 0:02 0:03 0:01 0:01

Search

150701[DC] not dead[ld] 1 and "009"[ic] 1 and "009"[cc] 3 not 2 1 not (2 4)

Session started 7/30/2010 4:06:52 PM Session finished 7/30/2010 4:18:58 PM Total search duration 0 minutes 11 seconds Session duration 12 minutes 6 seconds Defaut NEAR limit=1ADJ limit=1

Sent to TICRS as Serial Number: 85020006

UNITED STATES PATENT AND TRADEMARK OFFICE Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 www.uspto.gov

Apr 28, 2010

NOTICE OF DESIGN SEARCH CODE

THOMAS R. LA PERLE APPLE INC. 1 INFINITE LOOP CUPERTINO, CA 95014-2083 ATTORNEY REFERENCE NUMBER: SERIAL NUMBER: 85/020006 MARK: MISCELLANEOUS DESIGN OWNER: Apple Inc.

The USPTO may assign design search codes, as appropriate, to new applications and renewed registrations to assist in searching the USPTO database for conflicting marks. They have no legal significance and will not appear on the registration certificate. Design search codes are numerical codes assigned to figurative, non-textual elements found in marks. For example, if your mark contains the design of a flower, design search code 05.05 would be assigned to your application. Design search codes are described on Internet Web page http://www.uspto.gov/tmdb/dscm/index.html. Response to this notice is not required; however, to suggest additions or changes to the design search code(s) assigned to your mark, please e-mail TMDesignCodeComments@USPTO.GOV. You must reference your application serial number within your request. The USPTO will review the proposal and update the record, if appropriate. For questions, please call 1-800786-9199 to speak to a Customer Service representative. Design search codes assigned to the referenced serial number are listed below.

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85020006 Filing Date: 04/21/2010

The table below presents the data as entered.

Input Field SERIAL NUMBER MARK INFORMATION
*MARK SPECIAL FORM USPTO-GENERATED IMAGE COLOR MARK COLOR(S) CLAIMED (If applicable) *DESCRIPTION OF THE MARK (and Color Location, if applicable) PIXEL COUNT ACCEPTABLE PIXEL COUNT

Entered 85020006

\\TICRS\EXPORT10\IMAGEOUT 10\850\200\85020006\xml1\ APP0002.JPG YES NO YES The color(s) silver and black is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting silver gears. YES 944 x 944 Principal

REGISTER APPLICANT INFORMATION

*OWNER OF MARK *STREET *CITY *STATE (Required for U.S. applicants) *COUNTRY *ZIP/POSTAL CODE (Required for U.S. applicants only)

Apple Inc. 1 Infinite Loop Cupertino California United States 95014

LEGAL ENTITY INFORMATION

TYPE

corporation

STATE/COUNTRY OF INCORPORATION

California

GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS *IDENTIFICATION FILING BASIS FIRST USE ANYWHERE DATE FIRST USE IN COMMERCE DATE SPECIMEN FILE NAME(S) SPECIMEN DESCRIPTION

009 Computer software for managing user system settings and preferences SECTION 1(a) At least as early as 06/29/2007 At least as early as 06/29/2007 \\TICRS\EXPORT10\IMAGEOUT 10\850\200\85020006\xml1\ APP0003.JPG screen capture of website displaying mark at point of sale

ADDITIONAL STATEMENTS SECTION

PRIOR REGISTRATION(S)

The applicant claims ownership of U.S. Registration Number(s) 3470983 and 3586577.

ATTORNEY INFORMATION
NAME FIRM NAME INTERNAL ADDRESS STREET CITY STATE COUNTRY ZIP/POSTAL CODE PHONE FAX OTHER APPOINTED ATTORNEY

Thomas R. La Perle Apple Inc. MS: 3TM 1 Infinite Loop Cupertino California United States 95014 408-974-2385 408-253-0186 Lisa Widup

CORRESPONDENCE INFORMATION
NAME FIRM NAME INTERNAL ADDRESS

Thomas R. La Perle Apple Inc. MS: 3TM

STREET CITY STATE COUNTRY ZIP/POSTAL CODE PHONE FAX

1 Infinite Loop Cupertino California United States 95014 408-974-2385 408-253-0186

FEE INFORMATION
NUMBER OF CLASSES FEE PER CLASS *TOTAL FEE DUE *TOTAL FEE PAID

1 325 325 325

SIGNATURE INFORMATION
SIGNATURE SIGNATORY'S NAME SIGNATORY'S POSITION DATE SIGNED

/Thomas R. La Perle/ Thomas R. La Perle Attorney of Record, California bar member 04/21/2010

PTO Form 1478 (Rev 9/2006) OMB No. 0651-0009 (Exp 12/31/2011)

Trademark/Service Mark Application, Principal Register

Serial Number: 85020006 Filing Date: 04/21/2010

To the Commissioner for Trademarks:

MARK: (Stylized and/or Design, see mark) The color(s) silver and black is/are claimed as a feature of the mark. The mark consists of a rectangle with rounded corners depicting silver gears. The applicant, Apple Inc., a corporation of California, having an address of 1 Infinite Loop Cupertino, California 95014 United States requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following: International Class 009: Computer software for managing user system settings and preferences In International Class 009, the mark was first used at least as early as 06/29/2007, and first used in commerce at least as early as 06/29/2007, and is now in use in such commerce. The applicant is submitting one specimen(s) showing the mark as used in commerce on or in connection with any item in the class of listed goods and/or services, consisting of a(n) screen capture of website displaying mark at point of sale. Specimen File1

The applicant claims ownership of U.S. Registration Number(s) 3470983 and 3586577. The applicant's current Attorney Information: Thomas R. La Perle and Lisa Widup of Apple Inc. MS: 3TM 1 Infinite Loop Cupertino, California 95014 United States

The applicant's current Correspondence Information: Thomas R. La Perle Apple Inc. MS: 3TM 1 Infinite Loop

Cupertino, California 95014 408-974-2385(phone) 408-253-0186(fax) A fee payment in the amount of $325 has been submitted with the application, representing payment for 1 class(es). Declaration The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements, and the like, may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

Signature: /Thomas R. La Perle/ Date Signed: 04/21/2010 Signatory's Name: Thomas R. La Perle Signatory's Position: Attorney of Record, California bar member

RAM Sale Number: 7652 RAM Accounting Date: 04/22/2010 Serial Number: 85020006 Internet Transmission Date: Wed Apr 21 19:23:40 EDT 2010 TEAS Stamp: USPTO/BAS-17.193.14.176-2010042119234044 7650-85020006-460375830d7c393fa761d163b1 956d7c6d0-DA-7652-20100421191607332008